What legal options do I have to recover proceeds if I was shortchanged in the sale of inherited property? – North Carolina Short Answer In North Carolina, heirs and trust beneficiaries can demand a formal accounting, challenge improper sales, and seek court remedies against the fiduciary (trustee or personal representative). If duties were breached or…
What steps can I take to challenge a trustee for breaching duties and misusing trust assets? – North Carolina Short Answer In North Carolina, beneficiaries can demand information and an accounting, ask the Clerk of Superior Court to remove or suspend a trustee, and file a civil lawsuit for breach of trust to recover losses…
What happens if my co-tenant paid all carrying costs but we didn’t sign an agreement on reimbursement? – North Carolina Short Answer In North Carolina partition cases, a co-tenant who paid necessary carrying costs (like property taxes, insurance, mortgage interest, and essential repairs) can usually ask the Clerk of Superior Court to credit those amounts…
How do we calculate and deduct carrying costs from each co-tenant’s share in a partition sale? – North Carolina Short Answer In a North Carolina partition by sale, the Clerk of Superior Court can credit “carrying costs” (like property taxes, insurance, mortgage interest, and necessary repairs) to the co-tenant who advanced them, then proportionally charge…
Can a consent order resolve our dispute over carrying costs instead of holding another hearing? – North Carolina Short Answer Yes. In a North Carolina partition special proceeding, the Clerk of Superior Court can enter a consent order that resolves how carrying costs (like taxes, insurance, or mortgage interest paid to preserve the property) will…
How can I ask the court to reimburse me for carrying costs I paid while the property was co-owned? – North Carolina Short Answer In a North Carolina partition by sale, you ask the Clerk of Superior Court to award you “credits” or contribution for necessary carrying costs (like property taxes, insurance, mortgage interest, and…
What assets and debts must I list and how do I notify creditors? – North Carolina Short Answer In North Carolina, your Inventory (AOC-E-505) lists all probate assets you control as executor, with date-of-death values. Real estate is listed differently depending on whether it’s devised to the estate or only reachable to pay debts; life…
What are the steps to open a full probate estate under a simple will? – North Carolina Short Answer In North Carolina, you open a full probate by filing the original will and an Application for Probate and Letters with the Clerk of Superior Court in the county where the decedent lived. If appointed, you…
Will any liens or judgments against the decedent’s estate reduce the foreclosure surplus funds I can collect? – North Carolina Short Answer In North Carolina, foreclosure surplus funds are first used to pay junior liens that actually attached to the property (for example, later deeds of trust, tax or HOA liens). General estate debts or…
How can I recover foreclosure surplus funds from a property in North Carolina when my spouse held title and has died without a will? Short Answer In North Carolina, surplus funds from a foreclosure are held by the Clerk of Superior Court and paid to the person legally entitled after a hearing. When the owner…
